Legal Opinion

Schouboe v. Wyoming Department of Transportation

Wyoming Supreme Court

Decided August 19, 2010No. S-09-0190PublishedCited by 2 opinions

1Opinion of the Court

HILL, Justice.

[¶ 1] Eric Schouboe appeals a hearing examiner's order upholding his implied consent suspension. Schouboe contends that the Wyoming Department of Transportation (WY-DOT) did not prove he was in actual physical control of his vehicle. We affirm.

ISSUES

[¶ 2] Schouboe lists five issues:

I. Did the Wyoming Department of Transportation (WYDOT) carry its burden to establish the necessary element of "actual physical control" by a preponderance of the evidence in [Schouboe's] Implied Consent Suspension?

II. Whether the Office of Administrative Hearing's (OAH) finding of fact that the "keys…

2Cases cited11 opinions

  1. Worker's Compensation Claim of Dale v. S & S Builders, LLCWyoming Supreme Court · 2008
  2. Worker's Compensation Claim of Newman v. State Ex Rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2002
  3. State ex rel. Wyoming Workers' Safety & Compensation Division v. JensenWyoming Supreme Court · 2001
  4. Wyoming Consumer Group v. Public Service CommissionWyoming Supreme Court · 1994
  5. Adams v. StateWyoming Supreme Court · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Vasco v. State, Department of TransportationWyoming Supreme Court · 2011
  2. Miller v. State ex rel. Wyoming Department of TransportationWyoming Supreme Court · 2012

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